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IV. Examinations, papers, re-examinations, and other assessment procedures

  1. Instructor's grading policy.
    1. Notice of grading policy. Before the end of the applicable drop period for a course, the instructor will provide written notice to both the students enrolled in the course and the Law School Records Office of the instructor's grading policy for the course.
    2. Contents of grading policy. The instructor's grading policy should specify, to the extent applicable, the following: (a) if there will be any mid-semester or final examination(s), (b) if any examination(s) will be take-home instead of proctored, (c) if students will be allowed to complete any examination(s) using a laptop computer, and (d) if a student's final grade will be based, in whole or in part, on papers or other non-examination written coursework.
  2. Take-home examinations.
    1. Notice of take-home examination. An instructor who intends to assign a take-home final examination will give notice of that fact during the drop period for the course to students enrolled in the course. Upon written request by the instructor, the Dean or the Dean's designee may later permit the instructor to administer a take-home examination in lieu of a proctored final; such written request must include confirmation from the instructor that students in the course have been notified of the change in format and have acquiesced to such change.
    2. Timing of take-home final examinations. An instructor who assigns a take-home final examination may determine when the examination may be distributed and must be returned to the Law School Records Office. The Law School Records Office will not distribute a take-home final examination before 8:30 a.m. on the first day of the examination period for the applicable semester. A take-home examination must be returned to the Law School Records Office no later than 5 p.m. on the last day of the examination period for the applicable semester unless, under extraordinary circumstances, the Dean or the Dean's designee approves a late return with the consent of the instructor.
  3. Proctored examinations.
    1. Examination schedules are mandatory.
      1. Students must take examinations at scheduled times. A student enrolled in a course must take the course's proctored examination(s) (whether mid-semester or at the end of a semester) at the time and date scheduled for the examination(s).
      2. Consequence of not taking final examination. Except as otherwise provided in this IV.C., a student who fails to take or complete a final examination for a course will receive an "F" (Failing) grade for such course. In extraordinary circumstances and with written approval from the Dean or the Dean's designee, a student may be withdrawn from a course, in accordance with V.I., in lieu of being assigned an "F". 
      3. Scheduled examinations missed due to emergency. If a student is absent from a scheduled examination and establishes to the satisfaction of the Dean or the Dean's designee that an illness or some emergency beyond the student's control caused the student either to miss the examination or to fail to complete the examination after beginning it, the student may:
        1. with the approval of the instructor and the Dean or the Dean's designee, be assigned an "I" (Incomplete) for the course, in which case the provisions of V.J. shall apply; or
        2. be permitted, with the approval of the instructor and the Dean or the Dean's designee, to re-take the examination.
    2. Examination timing and conflicts.
      1. Variance permitted only for two examinations at same time. If the regularly scheduled mid-semester or final examinations in two courses are scheduled at the same time on the same day, a student enrolled in both courses must take one examination immediately preceding the other to the extent administratively feasible as determined by the Law School Records Office.
      2. Variance permitted for three examinations scheduled within 24-hour period. If the final exam schedule for a semester results in a student's having three or more final examinations scheduled within a single 24-hour period, the student may request to take one examination at a later time. With the permission of the Dean or the Dean's designee, the Law School Records Office will schedule the later examination time as soon as administratively feasible.
      3. Variance permitted for extraordinary circumstances. The Dean or Dean's designee may authorize a variance for a scheduled examination for a student, but only in extraordinary circumstances.
  4. Use of laptop computers and other electronic devices in proctored examinations.
    1. Use of laptops presumptively allowed. Unless an instructor in accordance with IV.A. specifies otherwise in the grading policy for a course, students may write their examination answers (a) by hand in paper bluebooks, (b) using a laptop computer on which approved Law School examination software has been installed, or (c) using any combination of (a) and (b). Each instructor must notify the Law School Records Office no later than two weeks before any scheduled examination, whether mid-semester or final, as to the format(s) permitted for such examination.
    2. Students must install exam software before exam. A student using a laptop computer to write any part of an examination answer must acquire and install examination management software, in accordance with the procedures announced by the Law School Records Office in advance of the examination. A student who fails to follow the announced procedures will not be permitted to use a laptop computer to write any part of the examination and will be required to write all parts by hand.
    3. Law school not responsible for electronic equipment/software failure. The Law School is not responsible for the failure of any electronic equipment or software during an examination and will not provide a laptop computer or other electronic equipment to a student to complete an examination. If a student experiences equipment or software failure during an examination, the student must complete the examination by hand. If a student fails to complete the examination due to equipment or software failure, the student will be treated as having failed to complete the examination under IV.C.1.b. No extra time to complete an examination will be granted to a student due to an equipment or software failure.
    4. Prohibition on electronic equipment other than laptop computer. Except for a laptop computer permitted under this IV.D., no electronic equipment that can function as a communication device may be accessed by a student during an examination. Permission to use a laptop during an examination shall not in any circumstances be construed to permit using other electronic equipment that can function as a communication device. Electronic equipment that cannot function as a communications device may not be accessed by a student during an examination unless the instructor authorizes the use of such equipment in advance and provides written notice of such authorization to students and the Law School Records Office by such date as the Law School Records Office specifies for a semester.
  5. Courses with papers and written coursework other than examinations.
    1. Deadline for written coursework. In all courses in which a student's final grade depends in whole or in part on one or more written papers or other written coursework, including without limitation directed studies and seminars, the instructor will in writing specify the date by which the student must submit any final written coursework. The date shall be no later than the final day of the examination period for the semester in which the student is enrolled in the course or directed study.
    2. Consequences of failure to submit written coursework. If a student fails to submit written work by the date specified under IV.E.1, the instructor may, in the instructor's discretion:
      1. enter such grade as the instructor determines appropriate, consistent with the grading policy provided to students for the course or directed study; or
      2. enter a grade of "WP", "WF", or "WN" under V.I.; or
      3. assign the student an "I" for a course, in which case the provisions of V.J. shall apply. Under no circumstances will an instructor be required to grant an "I" to any student who fails to submit required coursework within the specified period during which such coursework is due.
  6. Course repetition and re-examinations.
    1. No repetition generally. Except as specified in this IV.F., no student may re-examine in or repeat for credit any Law School course (other than a co-curricular for which the faculty approved students' earning credit for more than one semester).
    2. Re-examination in required courses.
      1. When re-examination is permitted. For a required course, a student may, without re-registering for the course, repeat any graded mid-semester examination(s) (if applicable) and the final examination (if applicable), but only once and only in the following circumstances:
        1. A student may re-examine in a required course if the student received a final grade of "F" (Failing) in that course.
        2. A student whose cumulative GPA, as determined by the Law School Records Office, upon completion of all required first year courses is at least 1.0 but less than 1.67 may re-examine in any required first year course in which the student received a final letter grade lower than "C", but only once in any single course.
        3. Re-examination is not permitted under any circumstances if a student's cumulative GPA, as determined by the Law School Records Office, is below 1.0.
      2. Student must notify Law School Records Office of intent to re-examine. A student who is eligible to re-examine in accordance with IV.F.2.a. above must notify the Law School Records Office of such intent within 24 months of the first day of the first semester beginning after the date on which the student becomes eligible for such re-examination. A student who intends to re-examine must also notify the Law School Records Office within the first two weeks of classes for a semester if the student intends to re-examine in any course during that semester.
      3. Student must re-examine when course next offered. A student who seeks to re-examine in any required course must take any graded mid-semester examination(s) (if applicable) and the final examination for such course (if applicable) at the first time the mid-semester examination, if any, and the final examination, if any, is next offered for that course after the date on which the student notifies the Law School Records Office of the student's intent to re-examine in that course.
      4. Waiver of right to re-examine. If a student re-takes any graded mid-semester examination(s), but fails to re-take the final examination, the student will be deemed to have waived the right to re-examine in the applicable course, and the student's final grade in the course will remain the grade the student received initially.
      5. Effect of re-examination.
        1. If a student re-examines in a required course and receives a grade of "C" or higher as the final grade for that course, the grade "P" (Pass) will be recorded on the student's transcript, indicating that the student successfully passed the course.  Both the original grade and the subsequent "P" grade will be noted on the student's transcript, and "P" will be the student's official grade for purposes of determining the student's cumulative GPA.
        2. If a student re-examines in a required course and receives a grade of "C-" or lower as the final grade, the average of the original and subsequent letter grade will be assigned as the student's official grade for the course and will be used to determine the student's cumulative GPA. Both the original grade and the subsequent grade will be noted on the student's transcript.
        3. If a student's cumulative GPA, as determined by the Law School Records Office, following re-examination in all courses in which the student is eligible to re-examine is at least 2.0, the student will be permitted to enroll in additional classes, but will remain on academic probation until the end of the first winter semester following the date on which the student is determined to be eligible to enroll in additional classes. If the student's cumulative GPA as of the end of that first winter semester is at least 2.0, the student will be removed from academic probation. If the student's cumulative GPA as of the end of that first semester is at least 1.67 but below 2.0, the requirements of I.J.2. will apply.
    3. Repetition of Required Courses.
      1. When repetition is permitted. A student who has completed both semesters of the first academic year may repeat any required course in which the student has received a grade of "F" (Failing). In order to repeat a course under this IV.F.3., the student must register for the course in accordance with normal enrollment procedures. Repetition is not permitted if a student's cumulative GPA, as determined by the Law School Records Office, is less than 1.0.
      2. Student to give notice of intent to repeat. A student who is eligible to repeat any required course must notify the Law School Records Office of the student's intent to repeat within 24 months of the first day of the first semester beginning after the date on which the student becomes eligible to repeat the course.
      3. Effect of repetition.
        1. If a student repeats a required course and receives a grade of "C" or higher as the final grade, the grade "P" (Pass) will be recorded on the student's transcript, indicating that the student successfully passed the course, and will be used for purposes of determining the student's cumulative GPA. Both the original grade and the subsequent "P" grade will be noted on the student's transcript.
        2. If a student repeats a required course and receives a grade of "C-" or lower as the final grade, the average of the original and subsequent grades will be assigned as the student's official grade for the course and will be used to determine the student's cumulative GPA. Both the original grade and the subsequent grade will be noted on the student's transcript.
  7. Use of Generative Artificial Intelligence
    1. Definition. For purposes of this Part, “generative AI” means technology capable of producing original content such as text and images. Not all forms of artificial intelligence are generative. Artificial intelligence applications that enable people to retrieve existing information, for example, are not generative. To illustrate, ChatGPT is generative AI; the product suggestion system on Amazon is not. This policy applies only to generative AI.
    2. Default rules on the use of generative artificial intelligence. This section sets forth default rules governing the use of generative AI. Instructors are free to adopt their own policies on generative AI. Indeed, this default rule is not intended to discourage appropriate instruction and use of generative AI. Course-specific rules should be included in the course syllabus.  In the absence of course-specific rules, the following rules govern the use of generative AI. 
      •  (a) The use of generative AI is prohibited during examinations. This is a categorical rule—students may not interact with generative AI in any way during examinations. It covers not only using generative AI to compose text, but also for (among other uses) brainstorming, issue-spotting, proofreading, or editing. It applies to both proctored and take-home examinations.
      • (b) The use of generative AI is prohibited in preparing any work that will be submitted for assessment. Like the rule for examinations, this is a categorical rule barring the use of generative AI for any purpose while preparing work—including but not limited to researching or writing of papers, memos, and briefs—that will be submitted for assessment.  
    3. Rules on the use of generative artificial intelligence in clinics and externships.
      • (a) In clinics, students must comply with any policy on generative AI adopted by the clinical program.
      • (b) In completing externship fieldwork, a student must follow the rules, policies, or practices regarding generative AI established by their placement site. If a student has an ethical concern related to use of AI in their fieldwork assignments, the student is advised to address the issue with their field placement and, if necessary, the Director of Externships.
    4. Instructors have discretion about how to handle violations of this section. Depending on the severity of a violation, an instructor might issue a warning, require work to be redone, consider the infraction while grading, or take such other action as the instructor deems appropriate in their sole discretion. Serious or repeated violations constitute academic misconduct and may be handled under the procedures of the Student Code of Conduct.